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IN RE CARE AND PROTECTION OF YARRICK

No. 19-P-238.

96 Mass. App. Ct. 903 (2019)

CARE AND PROTECTION OF YARRICK.

Appeals Court of Massachusetts.

November 12, 2019.

Attorney(s) appearing for the Case

Michael S. Penta , for the father.

Steven A. Ciulla , for the child.

Marianna Jisun Yang , for the mother.

Brian Pariser , Assistant Attorney General, for Department of Children and Families, was present but did not argue.

Rescript

In this consolidated appeal, Yarrick's noncustodial father challenges (1) an adjudication finding him unfit and the child to be in need of care and protection, and (2) a subsequent order specifically finding that the father remained unfit, but nonetheless dismissing the care and protection petition and returning the child to the mother's care. The father contends, and the Department of Children and Families (department) agrees, that the original determination...

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